Marroquin v. Gordon
3:25-cv-01075
S.D. Cal.Jun 11, 2025Background
- Frank Anthony Marroquin filed a civil suit, proceeding pro se, against Mr. Gordon of the California DMV.
- Marroquin sought to have his driver’s license reinstated or a court order directing the DMV to do so.
- Marroquin filed a motion to proceed in forma pauperis (IFP) due to financial hardship, but the court found his submission insufficient.
- The court found Marroquin’s financial affidavit lacked detail, particularly concerning his means for basic living expenses.
- Even if IFP were granted, the court evaluated the substance of Marroquin's complaint under 28 U.S.C. § 1915(e)(2)(B) and found it legally deficient.
- The court determined it lacked power to issue a writ of mandamus compelling a state official to act and dismissed the action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility for IFP | Marroquin cannot afford court costs. | Insufficient evidence of poverty | Court: IFP denied; financial info too vague |
| Federal court power to issue mandamus | Court should compel DMV to reinstate license | Federal courts lack such power | Court: Cannot mandamus state officials |
| Sufficiency of complaint | Complaint supports relief via mandamus/clarity | Complaint fails to state a claim | Court: Complaint dismissed under screening standards |
| Proper forum for relief | Sought federal intervention | Relief belongs in state court | Court: Remedy, if any, lies in state court |
Key Cases Cited
- Moore v. Maricopa Cnty. Sheriff's Office, 657 F.3d 890 (9th Cir. 2011) (any person may seek IFP status, not just prisoners)
- Rodriguez v. Cook, 169 F.3d 1176 (9th Cir. 1999) (discusses IFP process)
- Escobedo v. Applebees, 787 F.3d 1226 (9th Cir. 2015) (standards for IFP applications and allegations of indigency)
- Lopez v. Smith, 203 F.3d 1122 (9th Cir. 2000) (mandatory screening for IFP complaints)
- Clark v. Washington, 366 F.2d 678 (9th Cir. 1966) (federal courts cannot issue mandamus to direct state officials)
